Introduction
In movie industry, the brand value of movie kicks in from the name itself. For the audience, this is usually the first band that becomes recognizable and will be iconic of your affiliation as time goes on. Yet, protecting a movie title in India requires a particular grasp of intellectual property laws that encompass trademark law more than it encompasses copyright protection.
Can Movie Titles be Trademarked?
There are certain conditions under which the movie titles can be trademarked in India. Usually, the trademarks are intended for names, symbols or logos that will differentiate one person’s good or services from that of others and in order to obtain the trademark protection a trademark has to fulfil the eligibility criteria as mentioned under Indian Trademarks Act, 1999. In the similar fashion, a movie title has to meet some requirements in order to secure the trademark protection.
Eligibility Criteris for Protecting a Movie Title as A Trademark
- Distinctiveness: A trademark has to be distinct from rest others in the market. Similarly, the movie title should be unique, and it should differentiate the movie title from others. The titles in a generic or descriptive nature might also not qualify for the same. For example, it can be hard to get the trademark “Love Story” unless it really is associated using a series or has grow to be properly known.
- Series vs Single Titles: Indian law differs the way titles of movie series (Like Dhoom) and single film title is treated. Since names of a series indicate the presence of established brand they are more likely to be protected under trademark. On the other hand, single titles are tougher to trademark unless they have built up secondary meaning in connection with a specific brand or franchise. Take the example of movie 3 idiots, a widely celebrated movie across the country and world has a registered trademark for its title.
- Use in trade: Any applied trademark must be used in Trademark. Such use must be carried out on the title for commercial purposes. That is because a trademark, in the marketplace, serves (primarily and fundamentally) to distinguish goods or services; hence, one may use movie title for commercial purpose as buying/selling or promoting film.
Procedure to Trademark Movie Titles in India
- Trademark search: Conduct a thorough search at the Indian Trademark Registry before filing for trademark to be sure that the proposed name is not already registered.
- Application submission: If the trademark is available, the Trademark application (TMA) can be submitted after filling all necessary details to the Trademark Registry. The filing can be done both offline and online.
- The Examination and Objection – Once the application is submitted, it is examined extensively by the appropriate Trademark office and the trademark shall be accepted or objected. If accepted the trademark will be published in the Trademark journal and will be open for opposition from any third party.
- If objected, the written response or in simpler terms the clarification has to be submitted in favour of the applied trademark merit.
- Registration: If no opposition is filed, or if the opposition is resolved in favor of the applicant, the owner has obtained registration and exclusive rights to use that movie title with respect to a film.
Major Issue with Trademarking Movie Titles
The registration of movie titles as Trademark seems easier on the paper but the bigger picture has some more underlying issues when it comes to applying for trademark protection. Some of these issues are mentioned below:
- Descriptive or Generic Titles: A title that is descriptive or generic may not be capable of distinction, particularly in the case of single film titles. For example, titles like “The Story” or “Action Hero” might face difficulty due to their generic nature.
- Secondary Meaning Difficult: Establishing that a single movie title has acquired secondary meaning (i.e., the public associates the title with common producer or franchise) is hard to do. It takes time even after the release of the movie and applying for a trademark after releasing is not always the smartest choice for the filmmakers.
- Resistance and Litigation: Some new filmmakers or production houses may question the ownership of a title as far as trademark is concerned that could weigh down into a legal tussle for years to come wasting time, money and opportunity.
- Global Title Conflicts: Having the same title as an existing film can also be problematic if that other movie was already released in one country and said title is available for festering but is actually sound disguised potentially risky territory.
Copyright vs. Trademark:
There is often confusion between copyright and trademark protection when it comes to movie titles.
Copyright: In India copyright does not cover titles of a movie, which are not considered an original literary or artistic work. Copyright covers the artistic contents of the film such as the script, characters, music and not the title itself. Furthermore, the ‘title’ of a movie does not quality for copyright as the copyright law is based on the principle of ‘deminimus’ meaning ‘too trivial to protect’ or ‘too short to protect’. Hence, a movie title can’t be copyrighted.
Trademark: Unlike copyright, a trademark specifically protects the title of a movie as a brand identifier. This is particularly useful for producers or studios that want to ensure that their movie title is not used by others in a misleading manner.
Key Differences:
Copyright: Protects creative expression (e.g., the content of the film), not the title.
Trademark: Protects the title as a commercial brand identifier.
Conclusion
While trademarking of movie titles is possible in India, the same depends upon certain eligibility criteria and practical difficulties. Even though copyright provides the best protection for a film, when it comes in terms of commercial use and brand identity, trademarks give you the excellent safeguard regarding title to brand your movie. This means that filmmakers and production houses must understand copyright and trademark to protect their content holistically.
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Meta Description: “The entire content of a movie, from the script to the music, is subject to copyright protection. But did you know that movie titles, in themselves, are eligible for trademark protection? Want to know how? Read this article for an in-depth understanding of trademarking movie titles in India.”